THE MALOOF MONEY CUP DESIGN-A-DECK CONTEST SOUTH AFRICA EDITION (“CONTEST”)
OFFICIAL CONTEST RULES
UPON ACCEPTANCE OF THE ENTRY FORM BY MALOOF, THESE RULES FORM A BINDING AND ENFORCEABLE CONTRACT
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID OUTSIDE OF THE REPUBLIC OF SOUTH AFRICA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. ENTRY: This Contest will be conducted exclusively on the Internet and provides contestants (each an “Entrant”) with the opportunity to submit an original graphic design (“Entry Design”) which will be judged and eligible for the Prize described below subject to the terms and conditions herein. To participate, log on to http://southafrica.maloofmoneycup.com (“Website”) during the period from 12:01:00 A.M. Pacific Time (“PT”) on March 1st 2013 and ending March 31st 2013, 11:59PM PT (“Entry Term”) and click on the contest link, which will take you to the Contest page. Any attempted form of entry other than as described herein is void. Entry into the Contest may only be made during the Entry Term.
To enter, Entrant must first carefully read, review and complete all of the required fields of the Official Contest Entry Form (“Entry Form”) including Entrant’s first name, last name, complete home address, phone number and e-mail address. If Entrant is under the age of legal majority in his or her place of resident, the Entrant’s parent or guardian must complete and submit the Entry Form and Entry Design. Incomplete Entry Forms, including but not limited to those entries that do not meet the requirements herein, will not be eligible for judging. All Entry Designs must be submitted as TIFF, PSD, PNG, JPG, AI, or PDF files not to exceed 7MB in size. Entrants may submit multiple Entry Designs and must complete a separate Entry Form for each Entry Design.
By entering the Contest by completing and submitting an Entry Form and Entry Design, Entrant acknowledges, agrees and understands that the Entry Design, and all other entry materials will become the property of Maloof Skateboarding, LLC dba Maloof Money Cup, a California, US limited liability company (hereafter “MMC”). By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decision of MMC which shall be final and binding in all respects.
Each Entrant represents and warrants that each Entry Design is: (a) qualifies as an “artistic work” under South Africa’s Copyright Act 98 of 1978, as amended (the “Act”) and as a “work of authorship” capable of protection under the United States Copyright Act, 17 U.S.C. § 101 et. seq. (the “Copyright Act”); (b) wholly original to the Entrant, and the Entrant is the sole and exclusive “author” in relation to the Entry Design, as such term is defined in the Act and the Copyright Act; (c) does not incorporate or include any material that would require the consent of any third party, including, but not limited to, any joint authors or employers; and (d) does not violate any copyright, moral right, trademark, publicity right, privacy right, or any other right of any third party. To the extent the Entry Design qualifies under the Act, they will be “commissioned” by MMC. Under the Copyright Act, the Entry Design is a “work for hire.” To the extent the Entry Design does not qualify as “commissioned” works and/or a work for hire, in consideration for entering the Contest and being considered for the Prize, by creating and submitting an Entry Design in the Contest, each Entrant hereby irrevocably grants, transfers, sells, assigns and conveys to MMC, and each of its respective successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all adaptation rights, as such rights are set forth in the Act), in and to the Entry Design for exploitation throughout the world, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (including the right to publish and display the Entry Design for purposes of advertising, publicity and/or trade, in whole or in part,). MMC shall have the right, in its sole discretion, to edit, composite, scan, duplicate, or alter the Entry Design for any purpose which it deems necessary or desirable, without the need for any further compensation, and/or permission, and the right to format and affix the Entry Design to skateboard decks and to use such skateboard decks for any business purpose, including any commercial purpose, without any further consideration or payment of any money to Entrant (the “Purposes”). To the extent the foregoing assignment is ineffective or unenforceable for any reason under applicable laws, by entering the Contest and submitting a Entry Design, Entrant hereby grant MMC an exclusive, irrevocable, royalty-free, world-wide, perpetual, sublicensable right and license to publicly display, distribute, reproduce, and create adaptive works of the Entry Design, in whole or in part, in any media now existing or subsequently developed, for any and all Purposes, and MMC will not be required to pay any additional consideration or seek any additional approval in connection with such uses of the Entry Design or any part thereof. Entrant irrevocably waives any and all moral rights both under the Act and under United States common law in any submitted Entry Design, it being understood that MMC may distort, mutilate or modify the Entry Design, and Entrant hereby consents to any such distortion, mutilation or modification by MMC. Upon MMC’s request and at MMC’s cost, Entrant will execute and deliver to MMC all documents necessary to perfect MMC’s right, title, and interest in and to each Entry Design, both domestically and abroad, including, but not limited to, the Agreement described in Section 8 below.
Once submitted, Entry Designs become the exclusive property of MMC and will not be acknowledged or returned. Entry Designs which MMC determines are not reasonably pertinent to the subject matter of the Contest, or are otherwise in violation of these Official Rules will be disqualified. MMC reserves the right to disqualify any Entry Design for any reason, in their sole and absolute discretion.
MMC shall have no obligation (express or implied) to use any Entry Design or to otherwise exploit any Entry Design or, if commenced, to continue the distribution or exploitation thereof, and MMC may at any time abandon the use of the any Entry Design for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof. The use of any Entry Design by MMC on skateboard decks or other promotional materials will be determined by MMC in its sole discretion.
2. LIMITATIONS: All Submissions must be received by March 31st 2011, 11:59PM PT. Entry Designs submitted by any method other than set forth above in Section 1 are void. Any use of automated or programmed methods of effecting entry is prohibited. Contest entry is open only to Entrants who are South African citizens or is domiciled or resident in the Republic of South Africa (“Territory”) as of date of entry, and not employees of MMC, their respective parent companies, subsidiaries, affiliates or partnerships, or the advertising, promotional or fulfillment agencies, or any of their respective officers or directors, or any persons or entities directly associated with the Contest, or any members of the households or immediate families of such persons. MMC is not responsible for any Entry Designs that are altered, defective, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized or unintelligible; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in Entrant’s e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes, even if caused by the negligence of the MMC. This Contest is subject to all applicable laws and regulations.
3. PRIZE: One (1) Winner will be selected to win $250 US, two (2) skateboard decks with his/her design and two (2) tickets to Maloof Money Cup South Africa (the “Prize”). The Prize is not assignable or transferable. All taxes and reporting consequences thereof associated with the receipt of the Prize are solely the responsibility of the Winner and are subject to all applicable tax laws.
4. SELECTION OF WINNERS: All Entry Designs will be screened and those that comply with these rules will be voted for online at http://southafrica.maloofmoneycup.com with final decision determined by MMC. Voting will begin 12:01:00 A.M. Pacific Time (“PT”) on April 1st 2011 and ending April 30th 2013, 11:59PM PT
5. PRIZE WINNER NOTIFICATION: The Winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and execution of the Agreement (described below). All Entrants agree to be bound by these Official Rules and the decision of the Judges, whose decisions are final and binding. The Winner will be notified by telephone, email, or express mail, in in any other manner in MMC’s sole discretion, on or about April 16th, 2011. The Winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
6. CONDITIONS: By participating, Entrants agree to release and hold harmless MMC from any and all liability, for loss, harm, damage, claim, injury, cost or expense whatsoever which may occur as a result of participating in the Contest. The Winner’s acceptance of the Prize constitutes the grant of an unconditional right to use the winning Entry Design, the Winner’s likeness, photograph, biographical and Prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law.
In its sole discretion, MMC has the right to cancel, terminate or suspend the Contest; and in such event, to select from among all eligible Entry Designs received up to such time of cancellation, termination or suspension, or to cancel the Contest and not award any Prize. In the event that any Entrant attempts to defraud or in any manner tamper with this Contest, Entrant will be ineligible for the Prize. In the event that any dispute arises regarding the meaning or interpretation of these Official Rules, it is agreed that the dispute shall be resolved by applying the laws of the State of California.
CAUTION: MMC RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRANT WHO IS FOUND TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR THE WEBSITE, TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES, OR TO BE ACTING IN AN UNSPORTSMAN-LIKE OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON, AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. USE OF DATA: All Entry Designs will be treated as public and non-confidential. All personal information submitted as part of the Contest will be subject to MMC’s privacy policies as set forth at http://www.maloofmoneycup.com/privacy . By participating in the Contest, Entrants agree to collection and usage of their personal information and acknowledge that they have read and accepted MMC’s privacy policy.
8. ASSIGNMENT AGREEMENT (“AGREEMENT”): As a condition to receiving the Prize, Winner (parent or legal guardian if Winner is under the age of majority in his or her place of residence) will be required to execute an Agreement. In the event Entrant fails to execute such Agreement, MMC reserves the right to select an alternate winner, and MMC shall have no further liability to the de-selected winner thereafter. The Agreement will set forth the responsibilities and obligations of the Winner and require Winner to assign all right, title, and interest in and to the winning Entry Design to MMC. The Agreement also may require, among other things, that winner permit the use of his/her name, likenesses or identifying information for promotional, publicity or advertising purposes in any media including print, TV, radio and online media, without time or geographic limitations. Notwithstanding any of the above, MMC’s sole obligation under the Agreement is to award the Prize to the Winner. MMC will have no obligation to use the Winner’s Entry Design or name or likeness in any manner whatsoever. In the event the Winner fails to execute the Agreement by a date specified by MMC, the Winner will forfeit the entire Prize and an alternate winner may be selected from among the other Entry Designs.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and MMC is not a confidential, fiduciary, or other special relationship. Each Entrant understands and acknowledges that MMC has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many designs, ideas, or stories may be competitive with, similar or identical to the Entry Design. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of MMC’s use of any such similar or identical material that has or may come to MMC from other sources. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of MMC’s actual or alleged use of any Entry Design, Entry Form, or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Entry Design and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, MMC reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. MMC cannot accurately predict the number of Entrants who will participate in the Contest. Further, MMC reserves the right to not choose a winner or award any Prize if it does not receive a sufficient number of eligible and qualified Entry Designs.
11. WINNER’S NAME: To obtain copy of the Winners list, send a self-addressed stamped envelope to: Maloof Money Cup attn: Design-A-Deck Contest 92 Corporate Park, Ste C-763, Irvine, CA 92606.
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